Title: Radio River949 Ipswich -Fuel Flashback 94.9c Litre/Listen- location/Closes 28/3 Post by: oldfellow on Monday 04 March 2024, 05:49:10 pm https://www.river949.com.au/win/river94-9s-flashback-fuel-frenzy/
(https://www.river949.com.au/wp-content/uploads/sites/20/2024/03/SQL_IPS_R94-River94.9s-Flashback-Fuel-Frenzy-1200x600-V2.jpg) Competition Dates Closes Thursday 28th March Here at River 94.9 we love nothing better than a great Flashback! We've flashed back to the 80's and 90's more times than we can count! Marnie & Campo certainly love reminiscing about the good old days and have decided to share with you their favourite memory… The memory of when fuel was nothing but 94.9 cents! That’s RIGHT they’re flashing back and creating a Fuel Frenzy! The boss has said we can only have this Fuel Flashback for just one hour on one day, so stay tuned to River 94.9 to find out more! Competition Terms and Conditions Schedule 1: Name of Promotion River 94.9’s Flashback Fuel Frenzy 2: Promoter Name & ABN Star Broadcasting Network Pty Ltd (ABN: 92 083 443 501) 3: Stations River 94.9 4: Websites https://www.river949.com.au/ 5: State or Territory Queensland 6: Competition Period Start Date & Time Competition commences Monday 4th March 2024 at 6:00AM AEST. The Promoter reserves the right to tease the promotion prior to the competition start date. 7. Competition Period Close Date & Time Competition concludes Thursday 28th March 2024 at 9:00AM AEST. The Promoter reserves the right to: (i) amend the contesting period at its absolute discretion including to close the competition within the Competition Period; (ii) terminate the competition subject to any direction from a regulatory authority. 8. Entry Restrictions a) Entrants must be 15 years of age or over at the time of entry. b) Entrants may enter more than once, however only one prize can be taken per person per vehicle at a time. c) Promotions are not open to any person, including Australian residents, entering the competition from outside of Australia. d) Entrants may be required to sign a legal indemnity form prior to accepting any prizes. e) Entrants must be willing for their photos, videos or other material submitted as part of their entry to be published, including later publication by the Promoter for the purposes of the Promotion. f) Entrants must be the holder of a current State or Territory driver’s licence. g) Entrants must be able to travel to the prize destination and attend the Flashback Fuel Frenzy event. Entrants unavailable to travel and attend will forfeit any claim to a prize. Permit No: NA 2 Syd_Docs LEGALADMIN 4133398 v3 9. How to enter At various times across the Competition Period the Promoter will tease the Flashback Fuel Frenzy event. Over the Competition Period the Promoter will reveal the date of the event and details about the event, but not the location. On the morning of the event the Promoter will reveal the location of the event and invite Entrants to come and claim a Prize within the Prizing Period. Entrants will be responsible for travelling to the revealed event location and must do so safely and legally. Any Entrant who the Promoter believes has not travelled safely and legally may be disqualified from claiming a prize. Entrants must adhere to all instructions given to them by the Promoter, Traffic Control personnel, and/or Queensland Police. Any Entrant who does not obey instructions may be disqualified from claiming a prize. The amount of winners and Prizes given is strictly dependant on time and budget. The Promoter, in their sole and absolute discretion, may stop awarding prizes at any time during the Prizing Period, irrelevant of what has been announced prior. Entrants may enter more than once, however only one prize can be taken per person per vehicle at a time. Any subsequent entries will need to be taken by rejoining the queue. No space in the queue can be held for other Entrants. Any Entrants who disobeys instructions and lets another car join the queue may result in both parties disqualified from claiming a prize. 10. Limitation on entries Entrants may enter more than once, however only one prize can be taken per person per vehicle at a time. Any subsequent entries will need to be taken by rejoining the queue. 11. Challenge Details NA 12. Judging Criteria NA 13. Draw Details NA 14: Prize Details The prize on offer is discounted fuel from a ‘secret’ service station location. The discounted fuel will be on offer for a period of time (Prizing Period) during the Competition Period. The Promoter will reveal more details of the offer prior to the commencement of the Prizing Period. The offer will be fuel reduces to the rate of 94.9c per litre, down from what ever the market rate is during the Prizing Period. 3 Syd_Docs LEGALADMIN 4133398 v3 All Entrants must adhere to the following restrictions when redeeming their prize. Failure to do so may result in disqualification and no fuel offer will be offered. a) The offer is only available during the Prizing Period, as outlined on the day of the event by the Promoter, at their sole and absolute discretion. b) The Promoter may choose to shorten or extend the Prizing Period in their sole and absolute discretion, irrelevant of what may have been announced prior. c) Fuel offer of 94.9c per litre is only for select fuels (Unleaded 95 and Diesel). The Promoter may choose to alter the select fuel types the offer applies to at any point in their sole and absolute discretion. d) The offer applies to maximum of 100 litres per vehicle only. Any further litres above 100 litres will be charged at the full market rate. e) No jerry cans or alternate vessels (besides a vehicle’s factory standard fuel tank) can be used to claim fuel as part of the offer. Any use of these devices will result in the fuel being charged at full market rate. f) The Promoter’s offer can not be used in conjunction with any other offer (for example, club membership offers, or further discount per litre offers). g) The offer applies to roadworthy motor vehicles only (for example, no lawn mowers, generators, or other petrol/diesel engine devices). Valid Entrants will be given a ‘ticket’ which must be presented at payment counter in order to claim the offer. Loss of ticket or failure to present ticket will result in the Entrant being charged the full market rate. By claiming the prize, Entrants agree to being filmed and/or photographed by the Promoter. These assets may be used by the Promoter on their Digital assets (website and social media) to further promoter and market the event. At the end of the Prizing Period, as determined by the Promoter in their sole and absolute discretion, the Promoter will make it known which Entrant is to be the final entrant to claim the fuel offer. Any other Entrants still in queue will no longer be eligible to claim a prize. 15: Total Prize Value Up to $15,000 AUD (inc GST) 16: Winner Notification Winners (Entrants eligable for the fuel offer) will be notified: - in person 17. Publication Details NA 18: Prize Claim and Delivery Prizes must be claimed by at the timing of winning. Prize can not be delayed or used at a later time or date outside the Prizing Period. 4 Syd_Docs LEGALADMIN 4133398 v3 Prize can not be transferred or used at any other service station. Winners may be required to prove their identity and show evidence as documented on their birth certificate, driver’s licence or passport before any prize is rewarded. The Promoter will not be liable for any loss of prize (for example, spilt fuel). The Promoter will not be liable for any damage sustained to any Entrants vehicles during the promotion. The includes, but is not limited to, damages sustained on the service station’s premise or in the queue. The Promoter is not liable for any traffic infringements or fines Entrants may receive during their travel to the service station. Entrants are responsible for ensuring they travel in a safe and legal manner to the event. 19. Prize Claim Date and Time & Unclaimed Prize Draw Prizes must be claimed by at the timing of winning. There will be no unclaimed prize draw. 20. Special conditions General The Promoter’s decision is final and no correspondence will be entered into regarding the award of any prize or the pronouncement of a winner or winners (as applicable). Prizes awarded are subject to availability and are at the complete discretion of the Promoter. Should any elements of the prize be changed, moved, cancelled or not available for any unforeseen reason or for reasons outside of the Promoter’s control (including for example COVID-19), the Promoter takes no responsibility and the Prize Winners will not be compensated. Prior to acceptance of any prize, the Promoter may require the winner to sign documents including a prize acceptance form, consent to broadcast (such as an image or footage release), liability or publicity waiver or indemnity form. Any winner that fails to sign any required documentation as requested by the Promoter may be disqualified from the promotion. It may also be a condition of being a prize winner that winners be available for on-air interviews and/or in-studio and/or on location interviews, photos or videos as part of redeeming a prize. Should there be any technical malfunctions for any reason, the Promoter has the option to extend the time period for giveaways and/or change the specified day. The Promoter will then stipulate on air the new end time of the competition. Where applicable, contestants may at the absolute discretion of the Promoter be awarded the prize off air. Information collected 5 Syd_Docs LEGALADMIN 4133398 v3 The Entrant acknowledges and agrees that their personal information will be collected for the purpose of administering the competition and arranging for the prize to be provided to the winning Entrants, and otherwise in accordance with the Promoter’s privacy statement at http://www.arn.com.au/about-us/privacy-policy/. Contesting dates Contesting dates for prize giveaways is at the absolute discretion of the Promoter. Should for any reason the contesting dates need to change (for example, due to talent being unavailable, technical difficulties with the phones or other equipment, and/or any changes to prize availability) the Promoter will communicate the date change on air, online and/or on social. The Promoter also has the option to extend the existing contesting day should it be required for any reason. Promoter’s right to request further information The Promoter, in its sole and absolute discretion, may request for more information with respect to an entry. Contact by the Promoter or the Station does not mean that the entry is deemed the winner. Promoter’s right to exclude any entrant The Promoter reserves the right to exclude any entrant in its absolute discretion, including should it deem an entrant to be unsuitable for participation in the promotion. Photos/Videos/25 word answers and other material submitted as part of Entry By entering this competition, Entrants agree that: • All photos, videos or other material submitted as part of their entry are owned by them; • Materials do not contain images or copyright materials of anyone else unless they have the express consent of that person(s); • Materials do not contain anything which is (as determined by the Promoter in its discretion) obscene, defamatory, discriminatory or otherwise inappropriate. For the avoidance of doubt, the Promoter reserves the right to invalidate any entry which does not meet the criteria above. Phone calls If an entrant’s phone line drops out, or for any reason the entrant’s answer is inaudible, or the announcers are unable to hear the entrant on the phone line, the Promoter (in its sole and absolute discretion) may decide to replace the selected entrant by randomly selecting another entrant who has called through to the Station. [delete if not applicable] Challenges Challengers may be required to complete a medical questionnaire and/or sign an indemnity/waiver prior to taking part in any challenge. The Promoter reserves the right to disqualify anyone it deems unsuitable to participate in a challenge based on potential risk to their health. By entering this competition, Entrants grants to the Promoter approval to contact the Challengers when the Promoter deems necessary, including for on-air or pre-recorded interviews. Challengers may be contacted throughout the course of the competition and event period 6 Syd_Docs LEGALADMIN 4133398 v3 on multiple occasions. The Challengers must consent to all elements of the Challenge being described, recorded, filmed and/or photographed as part of the challenge. Challengers must also agree to the use of footage, photographs recordings or descriptions taken of the challenge to be broadcast or published by the Promoter in its discretion, including for promotional purposes. Entrants may be recorded on Facebook and/or Instagram Live throughout the challenge. Should the Challenger refuse, or fail to satisfactorily complete the challenge within the time specified, they will forgo any prize and the Station will not be required to conduct the challenge again. Challengers are subject to any additional terms and conditions placed by the venue in which the event is to be held. The Station’s decision as to the result of the challenge is final and no correspondence will be entered into. Entrants must agree that they are willing for the activity to be filmed, photographed or otherwise recorded and cooperate with all steps to provide and/or obtain the necessary permits, approvals and consents required and to sign any related agreement in relation to the activity indicating that they have done so. By entering this competition, Entrants grant to the Promoter a perpetual, non-exclusive, royalty free licence to use their name, image, voice, likeness, biographic information or any other material that identifies them, including any photographic, visual or sound recordings of the same (collectively, Recordings), for the purposes of conducting the competition and for marketing and promotional purposes. This licence includes any social media material published in accordance with the Competition. Entrants also authorise the Promoter to publish their likeness or matter that identifies them in any material associated with the Activity. Such publication may include radio and television broadcast, posting on websites or social media, diffusion by pay-TV and the Entrant acknowledges that they have no copyright in such material. By entering this competition, parents/guardians acknowledge that their child (Minor) will be participating in the promotion and it may feature audio recordings of the nominated contestant and that they may be broadcast, communicated or published by the Station or otherwise receive publicity. Entrants expressly authorise the Promoter to publish the Minor’s likeness or matter that identifies the Minor in any material associated with the Activity. Entrants grant to the Promoter a perpetual, non-exclusive, royalty free licence to use their or their child’s name, image, voice, likeness, biographic information or any other material that identifies them, including any photographic, visual or sound recordings of the same (collectively, Recordings), for the purposes of conducting the competition and for marketing and promotional purposes. 7 Syd_Docs LEGALADMIN 4133398 v3 The Australian Radio Network General Terms and Conditions as published on the Station Website and available from the Stations reception on request subject to such variations may be provided for in this Schedule. AUSTRALIAN RADIO NETWORK General Terms and Conditions for Promotions & Competitions The following document covers all promotions and competitions run by this radio station both On-Air & Online. There are sometimes additional Terms and Conditions applicable to certain competitions, these competition specific Terms can be found in the link under the relevant competition section contained on this site. 1. THIS DOCUMENT: 1.1 The following General Terms & Conditions apply to all competitions, giveaways and promotions (“Promotion/s”) run by this (“Radio Station”). 1.2 In the event that a Competition Terms and Condition Schedule (“Schedule”) has been published in respect of a Promotion then these General Terms and Conditions are subject to all terms and variations as are specified in the Schedule for the purposes of that Promotion. 1.3 The “Promoter” is the operating entity of the Radio Station unless otherwise specified in a Schedule for the Promotion. 1.4 These General Terms and Conditions and the terms and conditions of any applicable Schedule are collectively referred to as the “Terms and Conditions”. 2. CONDITIONS OF ENTRY: 2.1 By submitting an entry to a Promotion, the entrant acknowledges and agrees to be bound by the Terms and Conditions. 3. WHO MAY ENTER PROMOTIONS: 3.1 Promotions are open to permanent residents in the State or Territory in which details of the Promotion are broadcast by the Radio Station unless otherwise specified in the Terms and Conditions. 3.2 Some Promotions will only be open to persons who are 18 years of age or older at the time of lodging their entry. 3.3 The Promoter may specify health, fitness or other requirements for entry if a Promotion requires any form of participation on the part of the entrant or other persons. Such requirements will be determined by the Promoter at its discretion with regard to the health and safety of all participants. 3.4 The Promoter may at its discretion withdraw or exclude any person from the Promotion or participation in any prize based on that person’s health or medical history. 3.5 Unless otherwise stated in a Schedule for a Promotion, each entrant may only enter a Promotion once. 3.6 Entries can only be made in an individual’s own name and in their own capacity and no entry can be made for or on behalf of any other person, venture or organisation. 3.7 Promotions are not open to: 8 Syd_Docs LEGALADMIN 4133398 v3 (a) employees of, or contractors to, the Promoter or any of its agencies involved with the Promotion; (b) the spouse, de facto spouse, parent, natural or adopted child, or sibling (whether natural or adopted by a parent) of such employees and contractors (whether or not they live in the same household); (c) any person who is discovered to have used or attempted to use any more than one name in order to qualify to win any Promotion run by the Promoter except in the case of a legal change of name; (d) any person where that person or anyone from the same family or household has won a prize or prizes from the Promoter on the radio station or on any station owned or controlled by the Australian Radio Network valued either individually or collectively at more than $500 in the 30 days prior to the commencement of the Promotion, or $20,000 in the 6 months prior to the commencement of the Promotion. 3.8 Entrants must not have any prior criminal convictions, AVOs or Police records and the Promoter reserves the right to terminate their involvement with the Entrant if this sub-clause is found to be in breach at any time throughout the contesting period. 3.9 All contestants acknowledge and agree that the Promoter can rely on the Terms and Conditions and in particular, this Clause 3 even if the Promoter only learns of a person’s ineligibility after the Promoter has or appears to have awarded the prize to the ineligible person. In those circumstances, the Promoter can require return of the prize or payment of its value to the Promoter. 4. ENTRY REQUIREMENTS: 4.1 All entries must be lodged in accordance with the requirements of the Terms and Conditions for the specific Promotion. 4.2 The Promoter is entitled at its sole discretion to reject or disqualify any entry which it determines to be incomplete or ineligible or which in the sole opinion of the Promoter contains unlawful, defamatory, offensive or other material which if published or broadcast would place the business interests of the Promoter at risk or adversely effect the goodwill, name or reputation of the Promoter. 4.3 All entries in any form, whether written or delivered by email, telephone, SMS or otherwise are deemed received only upon actual receipt of a complete and eligible entry by the Promoter. In the case of online entries by way of website or other communication application, an entry will not be deemed received unless and until a complete and legible entry is received onto the Promoter database. The Promoter shall have no responsibility for the failure of any means of communication whether within the Promoter’s control or otherwise. 4.4 Where entries are made by SMS, the maximum cost of each SMS is 55 cents (including GST). Participation will only be open to entries submitted from the Participant’s own telephone and where such telephone allows caller ID, is SMS compatible and is connected via a service provider which allows the receipt of text and premier messaging. 5. PRIZES: 5.1 All prizes will be awarded either: (a) where a Schedule applies in respect of the Promotion, as provided for in that Schedule; or (b) in other cases as is published by the Promoter in respect of the Promotion. 9 Syd_Docs LEGALADMIN 4133398 v3 5.2 All prizes must be collected within 3 months of the date of notification of winners as provided for below. Subject to the regulatory requirements of the individual States or Territories, prizes not collected within 3 months will be forfeited and will be redistributed into the prize pool of the associated station and used for alternative contest giveaways. See clause 16 regarding Prize Claim and Delivery. 5.3 All prize items are valued based on recommended retail pricing inclusive of GST and the Promoter takes no responsibility for any variation in item values. 5.4 Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of that winner. 5.5 Prizes are non-transferable and may not be redeemed for cash. 5.6 All “cash” prizes will be paid to by bank transfer to the winner’s nominated bank account. Payments will only be made to the account owned by the winner. Winner’s must provide the correct details for their nominated bank account and they will not be compensated if incorrect details are provided resulting in cash prizes being paid to the wrong account. Alternatively, winners can request a cheque be drawn, payable to the winner only. 5.7 If the specified prize becomes unavailable due to general unforeseen circumstances, the Promoter may substitute a prize of like or equal value, subject to state regulations. 5.8 If the specified prize becomes unavailable due to acts of terrorism or acts of god (IE earthquake – or other natural disaster). The Promoter and its associated promotional partners will not be liable for replacement of any prize. 5.9 If a prize comprises tickets or attendance at any function or event, the Promoter accepts no responsibility or liability in respect of the function or event. Should the function or event be cancelled, postponed or otherwise varied, including but not limited to by the substitution of the promoted performers, then the Promoter has no responsibility to provide alternate or substitute tickets or to provide any cash equivalent in substitute for the tickets. The winner will in all respects be bound by and comply with the terms and conditions applicable to such event or performance including but not limited to the requirements for responsible service of alcohol and the right of the Promoter, the organiser of such a function or event or their respective contractors or representatives the right to refuse the winner and/or any guests of the winner entry or service. 5.10 Where a prize includes backstage or other opportunities to meet performers or celebrities, all such opportunities are at the discretion of the relevant artist or celebrity and their management and the Promoter will not be responsible or liable in the event that such meet and greet opportunities do not take place and no replacement tickets, cash substitute or other compensation will be payable in any form by the Promoter in these circumstances. 5.11 If a prize includes attending an event where alcohol is served, then a winner and any accompanying guests must be 18 years of age or over and must carry with them at all times during such event valid photographic identification and must provide such proof of age for inspection on request. 5.12 If a prize comprises vouchers, then all vouchers will be subject to the terms and conditions of the provider of the vouchers and the expiry date specified by the provider of the voucher. 5.13 Unless otherwise specified, the class of travel for a travel prize incorporating an airfare is economy class. 5.14 Any prize comprising accommodation will be for accommodation costs only and does not include additional charges (such as mini bar, in-room entertainment, dry cleaning, room service or other additional charges) unless additional room service or other related charges are expressly stated to be included in the Schedule for the Promotion. 10 Syd_Docs LEGALADMIN 4133398 v3 5.15 All prizes awarded are for the benefit of the entrant only unless otherwise specified in a Schedule for the Promotion and are non-transferable. Prizes must be used within the applicable time frames and dates specified for the purposes of the Promotion and may be subject to availability and school holiday or peak season exclusions. 5.16 Where a prizes includes travel, it is the responsibility of the winner to take out appropriate travel and related insurance at their own cost. 5.17 If a prize includes overseas travel then unless otherwise specified in a Schedule for the Promotion, the prize will exclude applicable Government taxes and charges. It is the responsibility of the entrant to ensure they and any accompanying persons hold valid passports and comply with all legal and regulatory requirements for the travel component of any prize. All travel is at the entrant’s own risk and the Promoter accepts no liability or responsibility whatsoever in respect of loss or injury caused during such travel. Failure for any reason to utilise a prize comprising travel within the specified dates will result in the forfeiture of the prize. 5.18 The Promoter may at its absolute discretion withdraw or exclude any person from the Promotion or participation in any prize if that person at any time behaves in a manner which in the opinion of the Promoter or the staff contractors or representatives of the operator of any event comprising a prize in a Promotion is inappropriate or offensive or is or could be considered antisocial, dangerous or threatening or which may cause injury to themselves or any other person. 5.19 The decision of the Promoter will be final in determining the winner of each Promotion. This will include but not be limited to adjudicating on whether answers to quizzes are correct or otherwise and in the event of a tie or draw in a Promotion determining at its discretion which entrant shall be declared the winner. 5.20 If the Promoter becomes aware at any time, including after a winner has been announced, that an entrant has not complied with these Terms and Conditions or other terms and conditions of the Promotion, the entrant will have no entitlement to any prize and, as required by the Promoter, must return or repay the full value of any prize received. 6. PARTICIPATION IN ACTIVITIES AND PRIZES AND INDEMNITY: 6.1 Any entrant or winner participating in any activity for the purposes of the Promotion or in respect of any prize agrees to fully release and indemnify to the maximum extent permissible by law, the Promoter and Australian Radio Network and their respective contractors, employees, directors and officers in respect of any claim for accident, injury, property damage, financial lossor loss of life in connection with the entrant or winner’s participation in the Promotion or prize. 6.2 The indemnity granted by each entrant and winner to the Promoter and Australian Radio Network and their respective contractors, employees, directors and officers pursuant to Clause 6.1 includes in respect of any cost, loss, expense, damage or liability whether direct or indirect or consequential, (present or future), and any fine or penalty incurred by the entrant or winner. 6.3 In respect of any prize comprising travel or any other activity, the winner expressly acknowledges that undertaking such travel or activity is at the winners own risk and sole discretion and that the winner will make their own assessment of the risks and of their own suitability to participate in or to undertake such activity or travel. 6.4 Each entrant and winner may at the discretion of the Promoter be required to execute a Deed of Indemnity & Release prior to their participation in a Promotion or prize in a form determined by the Promoter. The Promoter may deem an entrant ineligible to participate in a Promotion or ineligible to win a prize if they fail to provide such release or indemnity on request. 6.5 Unless otherwise specified in the applicable competition Schedule, winners may substitute a proxy to take part on their behalf – full details of proxy will need to be provided to the promoter prior to 11 Syd_Docs LEGALADMIN 4133398 v3 activity commencement. Such proxy to provide a release and indemnity in accordance with clause 6.1 and otherwise to be bound by the Terms and Conditions of the Promotion. 6.6 Where an entrant or winner is under the age of 18, their parent or guardian will be required to sign the necessary indemnity and consent forms in order for the entrant to participate in the Promotion or prize. 7. PRIZE COLLECTION: 7.1 Prizes must be claimed in person unless the winner is advised otherwise by the Promoter. The winner will be required to provide photographic identification for the purposes of collecting the prize. The collection of prizes is the sole responsibility of the winner. 7.2 For cash prizes, photographic identification must be provided in person at least 5 business days in advance of the intended pick up date to enable cheques to be drawn. Photographic identification will also be required when collecting the prize. 7.3 Lost cheques will only be reissued within 6 months of their original issue date and only once. 7.4 A copy of the Terms and Conditions and/or a signed receipt and acknowledgement must be signed and endorsed by any winner to indicate his/her understanding and acceptance of these terms. 7.5 Prizes will only be awarded following winner validation and verification. The determination of the Promoter or such judges as are nominated by the Promoter are final and no correspondence will be entered into. 7.6 If a prize is mailed to an entrant by the Promoter the Promoter shall not be responsible for any replacement or compensation if the prize is lost or is delayed so that for example tickets arrive after their scheduled event. It is at the sole discretion of the Promoter whether or not to mail any prize. 8. PUBLICITY: 8.1 Each entrant consents to the content of their entry and any telephone entries or other call with the Promoter being recorded, broadcast and published online by the Promoter without payment. 8.2 If an entrant submits a photograph as part of a Promotion the entrant consents and hereby grants to the Promoter all rights necessary for the Promoter to edit and publish on its website the photograph at the Promoter’s discretion and for other publicity purposes associated with the promotion of the Radio Station. The entrant warrants to the Promoter that all parties shown in the photograph have provided their consent for the purposes of the Promotion and that the photograph is in fact a photograph of the entrant where this is a requirement of the Promotion. 8.3 Acceptance of a prize constitutes permission for the Promoter to use winner’s name, suburb of residence, recording of winner’s voice, photos and likeness and filming for advertising and promotional purposes by the Promoter for broadcast by radio and for use on line without compensation, unless otherwise prohibited by law. The winners name will NOT be used or listed in any other form of media without the explicit and written permission of the winner. 9. EXCLUSION OF LIABILITY: 9.1 The Promoter takes no responsibility for the loss of prizes due to incorrect or imprecise delivery details provided by an entrant. 9.2 The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as prizes. 9.3 To the extent permitted by law, the Promoter is not liable for any loss suffered or sustained to personal property and including, but not limited to consequential (including economic) loss by 12 Syd_Docs LEGALADMIN 4133398 v3 reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to the prize winner(s) and, where applicable, to any persons accompanying the winners. 9.4 A winner (or his or her guests, parent or guardian as appropriate) may be required to sign and return any liability release provided by the Promoter and/or its contractors as a condition of the prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and the selection of another winner. 10. OWNERSHIP OF ENTRIES: 10.1 All entries (whether in written, audio or visual form, or a combination of those) become and remain the property of the Promoter (subject to the limits contained in the Privacy Statement). 11. DISQUALIFICATION: 11.1 The Promoter is not responsible for lost, interrupted communications or unavailable network server or other connections, failed telephone, mid-delivery or computer transmissions or other errors of any kind, whether human, mechanical or electronic. For the avoidance of doubt, the Promoter is not responsible for technical delays associated with the IP delivery or the carriage service. Entrants in promotions that involve a cue to call may experience varying delays depending on their mode of reception. 11.2 The Promoter assumes no responsibility for any error, defect, delay, theft or unauthorised access to or alternation of entries. Subject to any written directions given under the applicable law, if for any reason, the Promotion is not capable of operating as planned, including infection by computer viruses, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness, or proper conduct of the Promotion, then the Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion. 11.3 The Promoter reserves the right, in its sole discretion, to disqualify any individual for: (a) tampering with the entry process, including exceeding any limitation on the numbers of entries, or any other process as determined by the Promoter that in any way affects the fairness of the promotion; (b) tampering with the operation of the Promotion or any web site of the Promoter or associated with the Promotions; (c) acting in violation of these Terms and Conditions; or (d) acting in an unsportsmanlike or disruptive manner. 11.4 If an entrant selected as winner is found to be in breach of these Terms and Conditions a new winner may be selected and, in the event that the entrant in breach has been awarded a prize, the entrant may be required to return the prize or reimburse the value of the prize to the Promoter. 12. TERMINATION: 12.1 Subject to the regulatory requirements in each State or Territory, the Promoter may at its discretion vary the Terms and Conditions or terminate, vary the Terms of Conditions for Promotion or terminate entirely a promotion. 13. PARTICIPATION: 13.1 Participation in the Promotion constitutes the entrant’s unconditional agreement to and acceptance of the Terms and Conditions. The Terms and Conditions may change from time to time. The 13 Syd_Docs LEGALADMIN 4133398 v3 entrant is responsible for ensuring his or her familiarity with the Terms and Conditions for the Promotions at the time of participation. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the Terms and Conditions Promotion generally. 14. PRIVACY: 14.1 All personal information submitted by any entrant for the purposes of a promotion will be governed in accordance with the Privacy Statement for the Promoter. Please refer to the Privacy Statement for a full description of our privacy policy. |